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Posted by: Tanja Trezise on May 31, 2023

Plaintiff sued several defendants over social media posts and the unauthorized use of his and his child’s name, image, and likeness. Plaintiff requested both damages and injunctive relief. In response, defendants petitioned to dismiss under the Tennessee Public Participation Act. Plaintiff then filed notice of a voluntary nonsuit, which defendants opposed. The trial court dismissed the case without prejudice. Because we conclude that nothing in Tennessee Rule of Civil Procedure 41 precludes the voluntary dismissal, we affirm.

Posted by: Tanja Trezise on May 31, 2023

A mother appeals the trial court’s decision to terminate her parental rights based on the grounds of (1) abandonment by failure to support, (2) persistence of conditions, and (3) failure to manifest an ability and willingness to personally assume custody or financial responsibility of the children. She further challenges the trial court’s finding by clear and convincing evidence that termination of her parental rights was in the best interest of the children. We affirm the trial court in all respects.

Posted by: Stacey Shrader Joslin on May 31, 2023

State Rep. Gloria Johnson, D-Knoxville, told the Chattanooga Times Free Press that she is seriously considering running against U.S. Sen. Marsha Blackburn in the 2024 election. "I am considering it, yes," Johnson told the paper. "There have been a whole lot of people, very serious people, asking me to do it. And so I told them I would seriously consider doing it.” Blackburn, a Republican, was elected to the Senate in 2018 after serving 16 years in the U.S. House of Representatives. Johnson recently gained national attention after she was nearly expelled from the Tennessee General Assembly for protesting for gun reform on the House floor as part of the "Tennessee Three."

Posted by: Tanja Trezise on May 31, 2023

Plaintiffs brought an action against the Davidson County Election Commission, asserting that the Election Commission violated the Tennessee Open Meetings Act and Metro Code 2.68.020. The chancery court granted judgment on the pleadings to the Election Commission, concluding no violation occurred and that even if there had been a violation it was cured by a subsequent public meeting. Plaintiffs appealed. Defending the chancery court’s judgment, the Election Commission argues that the trial court’s ruling was correct on the merits and that the Plaintiffs are also not entitled to relief because they lack standing and because the matter has become moot. Because the Election Commission presented a well-developed and well-supported argument in favor of mootness and because the Plaintiffs have failed to respond to that argument, we conclude that opposition to the Election Commission’s mootness argument has been waived. Accordingly, we dismiss this appeal.

Posted by: Stacey Shrader Joslin on May 31, 2023

The TBA Young Lawyers Division (YLD) has selected Sue Mathews as the 2023 CASA Volunteer of the Year. Mathews is a volunteer with CASA of Maury County and has served as a court-appointed special advocate for 15 years. In nominating Mathews for the award, CASA of Maury County Executive Director Jessica Ballard said that Mathews regularly “goes above and beyond” to support, mentor and advocate for the cases she is assigned, and “embodies what it means to be an effective CASA by making sure the children’s needs are being met and their voices are heard.” The award will be presented at the YLD Board’s annual dinner on June 16 in Knoxville as part of the TBA’s Annual Convention. CASA’s mission is to train and support court-appointed volunteers who then advocate for abused and neglected children who have come to the attention of the courts. Read the TBA’s full press release here.

Posted by: Stacey Shrader Joslin on May 31, 2023

Don't miss the TBA's International Law Forum set to take place Friday at 1212 Germantown from 1:30-3:45 p.m. CDT. The forum will feature attorney Larry Harrington discussing international business practices in South America and Jim Hollingshad, senior advisor for economic and business affairs with the Consulate-General of Japan. A networking reception will follow the program from 3:45-5 p.m. CDT. All International Law Section members are invited to attend. Please RSVP here.

Posted by: Paul Burch on May 30, 2023

Former House Speaker Glen Casada and aide Cade Cothren face an Oct. 3 trial date on charges related to alleged bribery and kickbacks, wire fraud and money laundering, the Chattanoogan reports. The trial will be presided over by U. S. District Judge Eli Richardson in Nashville and is expected to last two to three weeks. Former state Rep. Robin Smith, who resigned from the state House after being charged with federal wire fraud charges, is expected to testify. Sentencing on her guilty plea has been delayed until the conclusion of the Casada and Cothren trial.

Posted by: Paul Burch on May 30, 2023

A New York lawyer is facing sanctions over an error-riddled brief drafted with help from ChatGPT, an artificial intelligence chatbot, reported Reuters. Steven Schwartz of Levidow, Levidow & Oberman faces a sanctions hearing on June 8 after he admitted to using ChatGPT for a brief in his client's personal injury case against Avianca Airlines. The brief cited six non-existent court decisions. Schwartz said in a court filing last week that he "greatly regrets" his reliance on the technology and was "unaware of the possibility that its contents could be false." Memphis attorney and ethics expert Brian Faughnan’s offers commentary on the case and technological competency.

Posted by: Paul Burch on May 30, 2023

A U.S. labor board official says that requiring workers to sign agreements not to join competing companies is usually illegal, reported Reuters. National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo wrote in a memo to agency lawyers that "noncompete agreements" discourage workers from exercising their rights under U.S. labor law to advocate for better working conditions “unless the provision is narrowly tailored to special circumstances justifying the infringement on employee rights." In January, the U.S. Federal Trade Commission proposed a rule that would ban companies from requiring workers to sign noncompete provisions. That proposal is pending.

Posted by: Paul Burch on May 30, 2023

After reviewing more than 140 legal podcast recommendations, Attorney at Work announced the results of its first Podcast Survey. Among the top podcasts included The Hearing, Lawyerist Podcast, On Record PR, and the Digital Edge. Go here to see the full list and learn more about the survey.


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